SHARES blog: ‘Extraterritorial Application of Human Rights Treaties and Shared Responsibility’, A Comment on Marko Milanovic’ SHARES Lecture
SHARES blog series on shared responsibility in international law. Discussion of and comments on SHARES lecture by Dr. Marko Milanovic on 6 September 2012.
Introduction: At his SHARES lecture at the ACIL on 6 September, Marko Milanovic discussed the relevance of his theory on the extraterritorial applicability of human rights treaties for questions of shared responsibility. Milanovic’ 2011 book on the extraterritorial applicability of human rights treaties commences with a successful attempt at clarifying some of the misconceptions surrounding the term ‘jurisdiction’. He explains in clear fashion that the term ‘jurisdiction’ in human rights clauses does not refer to jurisdiction of a court or prescriptive jurisdiction of a state. By explaining the different meanings of the term, he provides a useful framework for further analysis and discussion of the matter of extraterritorial applicability of human rights treaties.